Sec[Section] 1 Be it enacted by the people of the State of Illinois, represented in the General Assembly, That appeals from judgments of Justices of the Peace to the Circuit Court shall
be granted in all cases except on judgment confessed: Provided, the party praying for an appeal shall within twenty days from the rendering of the
judgment from which he desires to take an appeal, enter into bond in the office of
said Justice of the Peace with security to be approved by the Justice, conditioned
that the appellant will pay and satisfy whatever Judgment may be rendered by the Circuit
Court upon dismissal or trial of the appeal.
Sec 2 If upon the trial of any appeal the bond required to be given in the first section
shall be adjudged insufficient, the party who executed such bond shall in no-wise
be prejudiced by reason of such insufficiency: Provided, he will in a reasonable time to be fixed by the Court, execute and file in Court
a good and sufficient bond.
Sec. 3. Where a bond shall be executed by the appellant as aforesaid, the Justice who
gave the Judgment and if execution or other process has been issued thereon, said
Justice shall recall the same and all further proceedings thereon shall be suspended;
and the said Justice shall within twenty days after receiving and approving of the
appeal bond, file the same in the office of the Clerk of the Circuit Court together
with all the papers and transcript of the Judgment he had given with a certificate
under his hand, that the said trascript and papers contain a
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full and perfect Statement of all the proceedings before him, and the Court shall
hear and determine the said appeal in a summary way without pleading in writing according
to the justice of the case.
Sec. 4. The following shall be the form of the bond required by the first section of this
act: Know all men by these presents that we, A. B. and C. D. are held and firmly
bound unto E. F. in the penal sum of (here insert double the amount of judgement and costs,) dollars lawful money of the United States for the payment of which well
and truly to be made, we bind ourselves, our heirs and Administrators jointly, severally
and firmly by these presents. Witness our hands and seals this day of 18
The condition of the above obligation is such that, whereas the said E. F. did on
the day of A.D. 18 before , a Justice of the Peace for the county of , recover a judgment against the Above bounden A. B. for the sum of dollars, from which judgment the said E. F. has taken an appeal to the Circuit Court
for the county of aforesaid, and State of Illinois: Now if the said A. B. shall prosecute his appeal
with effect and shall pay whatever judgment may be rendered by the Court upon the
dismissal or trial of said appeal, then the above obligation to be void, otherwise
to remain in full force and effect.
seal
seal
seal
Approved by me at
my office this day of
my office this day of
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Approved by me at
my office this day
of 18.
L. M. J. P[Justice of the Peace].
my office this day
of 18.
L. M. J. P[Justice of the Peace].
Sec. 5. Parties to suits before Justices of the Peace may take appeals from their decisions
before the Clerks of the Circuit Courts in the same manner as is now provided by law; or they may appeal as provided in the
foregoing sections.
Sec 6. The security, in any such appeal bond, shall be liable on said bond, for the amount
of the original judgment and all costs thereon; in case the said appeal be dismissed:
and shall be liable also on said bond, for whatever judgment may be rendered by the
circuit court, in case the original judgment be affirmed by said circuit court, either
in whole or in part. And the same provision shall extend to appeal bonds executed
under the “Act to amend the several laws in relation to appeal bonds & the trial of
appeals” approved March 2d 1839.
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[ docketing
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A Bill for an act to amend the several laws in relation to appeals.
[ docketing
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12/30/1839
12/30/1839
2
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01/27/1840
01/27/1840
3
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01/21/1840
01/21/1840
Engrossed
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31
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Passed
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passed
Handwritten Document, 4 page(s), Folder 78, HB 80, GA Session 11-S, Illinois State Archives (Springfield, IL) ,